Memo

BILL NUMBER:S7661

TITLE OF BILL: An act to amend the public health law and the education law, in relation to providing for the use of opioid antagonists in schools for opioid overdose prevention

PURPOSE: Allows for the possession and use of an opioid antagonist (naloxone) in schools to assist a person believed to be experiencing on opioid overdoes and provides such schools with good Samaritan protections against criminal, civil and administrative liability

SUMMARY OF PROVISIONS:

Sections 1 and 2 amend section 3309 of the public health law as added by a chapter of the laws of 2014 (S.6477-B AND A. 8637-B) relating to use of opioid antagonists to allow school districts, BOCES, county vocational education and extension boards, charter schools, non-public elementary and/or secondary schools or any person employed by them to possess and administer an opioid antagonist, also known as naloxone, to someone they reasonably believe is experiencing an opioid overdoes and provides that if they act in good faith under the section they shall not be subject to criminal, civil or administrative liability solely by reason of such action.

Section 3 adds a new section 922 to the education law entitled opioid overdose prevention allowing schools as described in the public health law amendments in section 1 and 2 of the bill to provide opioid antagonists in each instructional school facility in quantities and types deemed to be adequate to ensure access by the commissioner of education in consultation with the commissioner of health and to provide that such schools may administer opioid antagonists in the event of an overdose pursuant to section 3309 of the public health law.

Section 4 provides an effective date that coincides with the chapter of 2014 which will become effective immediately upon signature by the governor.

JUSTIFICATION: New York State, like the nation, is in the midst of a severe prescription drug crisis. Prescriptions for opioids, particularly oxycodone and hydrocodone have skyrocketed. The Centers for Disease Control and Prevention reports that every 19 minutes, one person dies from an accidental overdose or suicide as a result of prescription drug abuse. In 2012, the legislature enacted the seminal I-STOP legislation to track controlled substance prescribing, prevent doctor shopping and weed out unscrupulous doctors. One unfortunate side effect of successfully restricting street access to these controlled substances, is that addicts are turning to other drugs, such as heroin. Heroin has now become the cheaper alternative to opioids. On Long Island it is estimated that heroin addiction has increased fourfold since 2011.

The senate and assembly passed legislation in 2014 (A. 8637-B and S.6477-B ) which will come before the governor for signature to expand access to opioid antagonists, also known as naloxone (narcan). These antidotes counteract the life threatening depression of the central

nervous system and respiratory system caused by an opioid or heroin overdose if administered in time.

This bill provides schools with the authority to have this life saving antidote on hand and employees to administer it to someone they believe is overdosing. The bill also provides good Samaritan protections when naloxone is administered in good faith to prevent an overdose. This bill will allow for wider use and availability of this life saving antidote and, in so doing, save lives.

LEGISLATIVE HISTORY: New bill

FISCAL IMPLICATIONS: none

EFFECTIVE DATE: Coincides with the chapter of S.6477-B and A.8637-B which will become effective immediately upon signature by the governor.

Text

STATE OF NEW YORK
________________________________________________________________________
7661
IN SENATE
May 23, 2014
___________

Introduced by Sens. HANNON, BALL, BONACIC, BOYLE, CARLUCCI, FELDER,
GALLIVAN, GOLDEN, GRIFFO, LANZA, LARKIN, LITTLE, MARCELLINO,
MARCHIONE, MARTINS, MAZIARZ, NOZZOLIO, O'MARA, RANZENHOFER, RITCHIE,
ROBACH, SAVINO, SEWARD, VALESKY, YOUNG -- read twice and ordered
printed, and when printed to be committed to the Committee on Health
AN ACT to amend the public health law and the education law, in relation
to providing for the use of opioid antagonists in schools for opioid
overdose prevention
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subparagraph (iv) of paragraph (a) of subdivision 3 of
section 3309 of the public health law, as added by a chapter of the laws
of 2014 amending the public health law relating to use of opioid antag-
onists, as proposed in legislative bills numbers S. 6477-B and A.
8637-B, is amended to read as follows:
(iv) "Opioid antagonist recipient" or "recipient" means a person at
risk of experiencing an opioid-related overdose, or a family member,
friend or other person in a position to assist a person experiencing or
at risk of experiencing an opioid-related overdose, or an organization
registered as an opioid overdose prevention program pursuant to this
section, OR A SCHOOL DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL
SERVICES, COUNTY VOCATIONAL EDUCATION AND EXTENSION BOARD, CHARTER
SCHOOL, NON-PUBLIC ELEMENTARY AND/OR SECONDARY SCHOOL IN THE STATE OR
ANY PERSON EMPLOYED BY SUCH DISTRICT, BOARD OR SCHOOL.
S 2. Subdivision 4 of section 3309 of the public health law, as
amended by a chapter of the laws of 2014 amending the public health law
relating to use of opioid antagonists, as proposed in legislative bills
numbers S. 6477-B and A. 8637-B, is amended to read as follows:
4. Use of an opioid antagonist pursuant to this section shall be
considered first aid or emergency treatment for the purpose of any stat-
ute relating to liability.
A recipient, opioid overdose prevention program, SCHOOL DISTRICT,
BOARD OF COOPERATIVE EDUCATIONAL SERVICES, COUNTY VOCATIONAL EDUCATION
AND EXTENSION BOARD, CHARTER SCHOOL, NON-PUBLIC ELEMENTARY AND/OR

EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
S LBD10215-06-4

S. 7661 2

SECONDARY SCHOOL IN THE STATE, OR ANY PERSON EMPLOYED BY SUCH DISTRICT,
BOARD OR SCHOOL under this section, acting reasonably and in good faith
in compliance with this section, shall not be subject to criminal, civil
or administrative liability solely by reason of such action.
S 3. The education law is amended by adding a new section 922 to read
as follows:
S 922. OPIOID OVERDOSE PREVENTION. 1. SCHOOL DISTRICTS, BOARDS OF
COOPERATIVE EDUCATIONAL SERVICES, COUNTY VOCATIONAL EDUCATION AND EXTEN-
SION BOARDS, CHARTER SCHOOLS, AND NON-PUBLIC ELEMENTARY AND SECONDARY
SCHOOLS IN THIS STATE MAY PROVIDE AND MAINTAIN ON-SITE IN EACH INSTRUC-
TIONAL SCHOOL FACILITY OPIOID ANTAGONISTS, AS DEFINED IN SECTION THREE
THOUSAND THREE HUNDRED NINE OF THE PUBLIC HEALTH LAW, IN QUANTITIES AND
TYPES DEEMED BY THE COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONER
OF HEALTH, TO BE ADEQUATE TO ENSURE READY AND APPROPRIATE ACCESS FOR USE
DURING EMERGENCIES TO ANY STUDENT OR STAFF HAVING OPIOID OVERDOSE WHETH-
ER OR NOT THERE IS A PREVIOUS HISTORY OF OPIOID ABUSE.
2. SCHOOL DISTRICTS, BOARDS OF COOPERATIVE EDUCATIONAL SERVICES, COUN-
TY VOCATIONAL EDUCATION AND EXTENSION BOARDS, CHARTER SCHOOLS, AND NON-
PUBLIC ELEMENTARY AND SECONDARY SCHOOLS IN THIS STATE OR ANY PERSON
EMPLOYED BY ANY SUCH ENTITY MAY ADMINISTER AN OPIOID ANTAGONIST IN THE
EVENT OF AN EMERGENCY PURSUANT TO THE REQUIREMENTS OF SECTION THREE
THOUSAND THREE HUNDRED NINE OF THE PUBLIC HEALTH LAW.
S 4. This act shall take effect on the same date and in the same
manner as a chapter of the laws of 2014 amending the public health law
relating to use of opioid antagonists, as proposed in legislative bills
numbers S. 6477-B and A. 8637-B, takes effect.

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